Kristina Nathabhai Krichchan v .Dy. CIT (2023) 154 taxmann.com 102 / 105 ITR 44 (Surat) (SN)(Trib)

S. 54B : Capital gains-Land used for agricultural purposes-Documents on basis of which assessee purchased land valid and enforceable in law, disallowance of exemption for want of registration of land not sustainable. [S. 45]

The Honourable Tribunal allowing the appeal, held that, the registration of the purchased land was pending for court permission because two of the co-sellers were minor at the time of purchase of the land but both parties upon attaining majority had executed notarized declarations of accepting the transactions and confirmed the enforceability of the documents in form of the sale agreement and possession letter signed by their guardians on their behalf. Hence, the documents on the basis of which the assessee had purchased the land were valid and enforceable in law. Hence, the claim u/s. 54B was allowable as the transaction was enforceable in the eyes of the law for the amount already paid for the purchase of new agricultural land. (AY. 2016-17)